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Abandonment for not letting her come home and create more victims?Help please

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  • Abandonment for not letting her come home and create more victims?Help please

    My stepdaughter is already in a mental hospital but I am worried they will try to eventually have her come home.The therapist says she wont get better she has reactive attachment disorder but they cant keep her forever.She has attempted to kill my 3 yr old daughter but trying to open the car door on the high way and shove her out and suffocating her with a pillow and kicked me in the stomach when I was pregnant with my second daughter.She sexually abused her full blooded brother sibling he lives with his grandmother.They attribute her issues to being abused by her mother when her dad was in the army.There is a restraining order against her mother.I don't want her in my house.I also don't want to get abandonment charges.If I let her come back I know she will do it again and wont stop until my little girls are dead.her father and I don't want her to come home but also don't want to be charged with abandonment for refusing to let her come home.What do we do?

  • #2
    How old is she? If she is a danger to herself or others, she belongs in a hospital. Has the hospital indicated that they want to send her home?
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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    • #3
      The first thing you do, is wait until they actually indicate that they want to send her home. At that time, you either find her an off-site placement, contact an atttorney, or both.

      If the facts are as you state I think it quite unlikely that they will try to send her home without some half-way placement outside the family. Trust me, the hospital doesn't want to get sued by sending her home prematurely and having a disaster happen.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        Originally posted by kat_AR View Post
        My stepdaughter is already in a mental hospital but I am worried they will try to eventually have her come home.The therapist says she wont get better she has reactive attachment disorder but they cant keep her forever.She has attempted to kill my 3 yr old daughter but trying to open the car door on the high way and shove her out and suffocating her with a pillow and kicked me in the stomach when I was pregnant with my second daughter.She sexually abused her full blooded brother sibling he lives with his grandmother.They attribute her issues to being abused by her mother when her dad was in the army.There is a restraining order against her mother.I don't want her in my house.I also don't want to get abandonment charges.If I let her come back I know she will do it again and wont stop until my little girls are dead.her father and I don't want her to come home but also don't want to be charged with abandonment for refusing to let her come home.What do we do?
        Since you are not the legal parent, YOU cannot be charged with abandonment.

        I can't tell from your post if you are the step mother, or step father. Either way, your spouse apparently is the legal parent and MUST accept daughter coming home if other arrangements cannot be made.

        You don't say how old the girl is, but if there is documentation of her problems and attempts to harm siblings, your spouse may want to speak to your local child protective services agency. It MIGHT, and that is a BIG might, be possible for your spouse to voluntarily relinquish parental rights to the state, however, that could lead to possible abandonment charges for spouse, and almost certainly a CS order.

        Spouse should get a consult with an attorney ASAP to see what the viable options are, he/she shouldn't wait until the child is released.

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        • #5
          Originally posted by xena View Post
          Since you are not the legal parent, YOU cannot be charged with abandonment.

          I can't tell from your post if you are the step mother, or step father.

          I'd say one sure way to tell is that she states the child kicked her while she was pregnant....

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          • #6
            Originally posted by ksmom502 View Post
            I'd say one sure way to tell is that she states the child kicked her while she was pregnant....
            Yep, I missed that , but it doesn't change the advice given.

            Comment

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